The famous fable by Aesop, “The Tortoise and the Hare,” is often thought of as describing a race between unequal partners. Design patents are also often thought of as being the unequal, lesser partner of utility patents. While design patents provide protection of a more narrow scope than their utility patent brethren, much like Aesop’s tortoise, the steady rights provided by design patents can be very formidable when used properly.
The patent infringement case between Apple and Samsung, Apple Inc. v. Samsung Electronics Co. Ltd. et al, Case No. C 11-1846 LHK (2012), related to smartphone offerings, has garnered headlines due to the $1 billion judgment against Samsung. In this case, design patents took center stage and became a key component in Apple’s victory. Although this decision does not represent a change in design patent infringement law, it’s an excellent example of the importance of including design patents in the overall strategy for protecting your clients’ intellectual property.
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